Considering the issue has already been overcome, Justice Edson Fachin, of the Federal Supreme Court, decided to dismiss the allegation of non-compliance with a fundamental precept presented by President Jair Bolsonaro to prevent the Court from opening inquiries without first consulting the Public Ministry.
The action called for the immediate suspension of Article 43 of the Internal Regulation of the STF, according to which “when an infraction of the criminal law occurs at the seat or dependence of the Court, the President will initiate an inquiry, if it involves an authority or person subject to his jurisdiction”. In other words, in some cases, it allows the opening of an investigation by official act.
By rejecting the request, the minister stated that the Supreme Court had already dealt with the legality of article 43 in last year’s judgment that validated, by ten votes to one, the fake news inquiry. And it maintains that the presentation of ADPF is not the adequate means to contest the STF’s initiative.
Upon evoking this judgment, the minister states in his dispatch that “the controversy has already found its due conformation within the scope of the constitutional jurisdiction concentrated in the judgment of ADPF n. as a necessary and effective means to remedy the alleged harm”. “I note that the jurisprudence of this Supreme Court does not understand that ADPF is appropriate when the injury keeps individual and concrete contours”. And he adds: “possible individual and concrete injuries must be challenged through the relevant appeals”.
The minister also rejected, for procedural reasons, three other PTB actions that questioned the constitutionality of the Supreme Court’s internal rule and of decisions taken by Minister Alexandre de Moraes in the fake news inquiries and anti-democratic acts.
The ADPF proposed by Bolsonaro was one more attempt to confront the Judiciary, after the attacks it has been making for about two months against electronic voting machines and the fairness of the electoral process.
Bolsonaro was under investigation for leaking information from a secret Federal Police inquiry into a hacker attack on the electoral court.
Before that, the minister Alexandre de Moraes, responsible for the inquiry that investigates the dissemination of fake news by sites aligned with pocketbookism, had already ordered the investigation of the President of the Republic for spreading lies about the electoral process and trying to destabilize the democratic process.
Click here to read the decision